senate Bill S2948

2011-2012 Legislative Session

Creates the crime of falsely accusing someone of a crime

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 03, 2011 referred to codes

S2948 - Bill Details

See Assembly Version of this Bill:
A7052
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.49, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S482A, A7403A

S2948 - Bill Texts

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Creates the crime of falsely accusing someone of a crime.

view sponsor memo
BILL NUMBER:S2948

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of falsely accusing
someone of a crime

PURPOSE:
Creates the crime of falsely accusing someone of a crime. Makes such
accusations a Class E Felony.

SUMMARY OF PROVISIONS:
Section one adds a new section 240.49 to the penal law. Section two is
an effective date of November 1.

JUSTIFICATION:
This bill creates the crime of falsely accusing someone of a crime. It
would make it a Class E Felony to falsely accuse someone of a crime
that they did not commit. To protect the rights innocent citizens,
the state must protect them from those who seek to falsely accuse
someone of a crime under the penal law.
For example, in the recent highly publicized Duke University rape
case, all criminal charges were dropped after a exotic dancer accused
three students of sexual assault, kidnapping and other charges which
were investigated to be false. The state's Attorney General announced
after a thorough review and investigation there was insufficient
evidence to proceed on any of the charges. There was also a rush to
judgment and a failure to verify the allegations that would have
imprisoned the accused for a long time.
There were significant inconsistencies of evidence and the various
accounts given by the accusing witness, that eventually led to the
three students to be found innocent and there was no credible
evidence that an attack occurred. This bill would make it a felony
for falsely accusing someone of a crime to protect the innocent from
individuals that use our justice system as a tool to hurt those who
have not committed any crime.

LEGISLATIVE HISTORY:
2010: Referred to Codes/A.7403-A - Referred to Codes.
2009: Referred to Codes/A.8598 - Referred to Codes.
2008: S.5675 - Passed Senate/A.8598 - Referred to Codes.
2007: S.5675 - Referred to Codes/A.8598 - Referred to Codes.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2948

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in  relation  to  the  crime  of  falsely
  accusing someone of a crime

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 240.49  to
read as follows:
S 240.49 FALSELY ACCUSING SOMEONE OF A CRIME.
  A  PERSON  IS GUILTY OF FALSELY ACCUSING SOMEONE OF A CRIME WHEN HE OR
SHE SIGNS AND SUBMITS AN ACCUSATORY INSTRUMENT  WITH  A  MEMBER  OF  LAW
ENFORCEMENT AND DOES SO KNOWING THE CONTENT OF THE ACCUSATORY INSTRUMENT
IS FALSE.
  FALSELY ACCUSING SOMEONE OF A CRIME IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01957-01-1

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